[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23822]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 936
Oklahoma Regulatory Program
agency: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
action: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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summary: OSM is announcing receipt of a proposed amendment to the
Oklahoma regulatory program (hereinafter, the ``Oklahoma program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to rules pertaining to the
Small Operator Assistance Program (SOAP). The amendment is intended to
revise the Oklahoma program to be consistent with SMCRA and the
corresponding Federal regulations.
dates: Written comments must be received by 4:00 p.m., c.d.t., October
27, 1994. If requested, a public hearing on the proposed amendment will
be held on October 24, 1994. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., c.s.t., October 12, 1994. Any
disabled individual who has need for a special accommodation to attend
a public hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT.
addresses: Written comments should be mailed or hand delivered to James
H. Moncrief at the address listed below.
Copies of the Oklahoma program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Tulsa Field Office.
James H. Moncrief, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 E. Skelly Drive, Suite 550,
Tulsa, Oklahoma 74135
Oklahoma Department of Mines, 4040 N. Lincoln Blvd., Suite 107,
Oklahoma City, Oklahoma 73105, Telephone: (405) 521-3859.
for further information contact: James H. Moncrief, Telephone: (918)
581-6430.
supplementary information:
I. Background on the Oklahoma Program
On January 19, 1981, the Secretary of the Interior conditionally
approved the Oklahoma program. General background information on the
Oklahoma program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Oklahoma program can
be found in the January 19, 1981, Federal Register (46 FR 4902).
Subsequent actions concerning Oklahoma's program and program amendments
can be found at 30 CFR 936.15, 936.16, and 936.30.
II. Proposed Amendment
By letter dated September 14, 1994, Oklahoma submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
OK-964). Oklahoma submitted the proposed amendment at its own
initiative. The SOAP provisions of the Oklahoma Coal Rules and
Regulations that Oklahoma proposes to revise are: Section 795.6,
eligibility for assistance; Part 795.9, program services and data
requirements; and Sec. 795.12, applicant liability.
Specifically, Oklahoma proposes to revise its rules pertaining to
an applicant's eligibility for SOAP assistance at Sec. 795.6(a)(2) by
requiring the applicant to establish that the probably total actual and
attributed production from all locations during any consecutive 12-
month period either during the term of the permit or during the first 5
years after issuance of the permit, whichever period is shorter, will
not exceed 300,000 tons and at Sec. 795.6(a)(2)(iv) to require that
attributed production will include all coal produced by operations
owned by members of the applicant's family and the applicant's
relatives, unless it is established that there is no direct or indirect
business relationship between or among them.
Oklahoma proposes to revise its rules pertaining to the kinds of
data collected and the results furnished to the SOAP program
administrator at (1) Section 795.9(b)(2) to include the geologic
drilling and the statement of the results of test borings or core
samplings for the proposed permit area; (2) Section 795.9(b)(3) to
include the collection of archeological information required by section
779.12(b) and any other archeological and historical information
required by the regulatory authority, and the preparation of plans
necessitated thereby; (3) Section 795.9(b)(4) to include the collection
of site-specific resource information and production of protection and
enhancement plans for fish and wildlife habitats and other
environmental values required by the regulatory authority under
Sec. 780.16 and any other applicable regulations; (4) Section
795.9(3)(5) to include pre-blast surveys if requested under
Sec. 816.62(b); and (5) Section 795.9(3)(6) to include the development
of cross-section maps and plans required under Sec. 779.25.
Oklahoma proposes to revise its rules pertaining to the applicant's
liability at Secs. 795.12(a) (2) and (3) to provide that the applicant
shall reimburse the Department of Mines (Department) for the cost of
SOAP laboratory services performed pursuant to Part 795 if the program
administrator finds that the applicant's actual and attributed annual
production of coal for all locations exceeds 300,000 tons during any
consecutive 12-month period either during the term of the permit for
which assistance is provided or during the first 5 years after issuance
of the permit, whichever period is shorter, or if the permit is sold,
transferred, or assigned to another person and the transferee's total
annual and attributed production exceeds the 300,000-ton annual
production limit during any consecutive 12-month period of the
remaining term of the permit.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Oklahoma program.
1. Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
administrative record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.d.t., October 12, 1994. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to testify at the public hearing, the hearing will not
be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
``FOR FURTHER INFORMATION CONTACT.'' All such meetings will be open to
the public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 12550) and the Federal regulations at 30 CFR
730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
V. List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface mining, Underground mining.
Dated: September 21, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-23822 Filed 9-26-94; 8:45 am]
BILLING CODE 4310-05-M
